Patna High Court - Orders
Vijay Singh vs The State Of Bihar & Ors on 28 November, 2017
Author: Anjana Mishra
Bench: Anjana Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9849 of 2017
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1. Anil Kumar Gupta, son of Sri Gyan Chand Sah, resident of Village-
Dhangai, P.S.- Bikramganj, District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Registration, Excise and Prohibition, Govt. of Bihar, Patna.
2. The Inspector General, Department of Registration, Govt. of Bihar,
Patna.
3. The District Collector cum Registrar, Rohtas at Sasaram.
4. The District Sub-Registrar, Rohtas at Sasaram.
5. The Sub-Registrar, Bikramganj District Rohtas at Sasaram.
.... .... Respondent/s
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with
Civil Writ Jurisdiction Case No.9994 of 2017
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1. Vijay Singh Son of late Dhan Pratap Singh Resident of Village- Bahuara,
P.S. Surajpura District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of
Registration, Excise and Prohibition, Govt. of Bihar, Patna.
2. The Inspector General, Department of Registration, Govt. of Bihar,
Patna.
3. The District Collector Cum Registrar, Rohtas at Sasaram.
4. The District Sub- Registrar, Rohtas at Sasaram.
5. The Sub- Registrar, Bikramganj District Rohtas at Sasaram.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar
Mr. Raghunandan Kumar Singh
For the State : Mr. Dhirendra Kumar- A.C. to A.A.G.-6
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CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA
ORAL ORDER
6 28-11-2017Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
The petitioners being the Stamp Vendors seek Patna High Court CWJC No.9849 of 2017 (6) dt.28-11-2017 2/4 revocation of their licences and also seek quashing of the order dated 27.05.2017 bearing Letter No. 246 issued by the District Sub-Registrar, Rohtas, Sasaram, cancelling the Licence of the petitioners bearing Licence No. 53/99 and 44/85 which have been issued in their favour to sell the C.F. Stamp and N.J. Stamp under the Act VII of 1970. The petitioners further seek a direction from this Court to the Respondents to produce the order which has formed the basis of the impugned orders passed against the petitioners.
It is submitted on behalf of the petitioners that a notice was issued on 06.03.2017 calling upon them to show cause vide Letter No. 140 by which the Respondent No. 4 (The District Sub- Registrar, Rohtas at Sasaram) asked them to explain as to why their licences be not cancelled and simultaneously restrained them from functioning as the Stamp Vendor with immediate effect. Learned counsel for the petitioners further submits that though they had answered the show-cause notice, the Respondent No. 4, without appreciating the same in utter and irregular exercise of power has cancelled the licences of the petitioners. It is next submitted that even the charge against them was not explained or stated in the show-cause notice issued to them and their reply is totally wanting of consideration of their show-causes. Patna High Court CWJC No.9849 of 2017 (6) dt.28-11-2017 3/4
A counter affidavit and supplementary counter affidavit have been filed by Respondent Nos. 1 to 5 in which they have admitted that it is the Collector who is the licensing authority and, therefore, it is only the Collector who can proceed to cancel the same.
Having considered the supplementary show-cause filed by the Respondents wherein it has been stated that the District Sub-Registrar, Bikramganj, Rohtas at Sasaram vide letter No. 895 dated 06.12.2016 had requested the Officer-in-Charge, Bikramganj, to lodge an F.I.R. in the aforesaid matter of interpolation of challans which is causing loss to the State Exchequer and since the matter is under investigation, the District Sub-Registrar, Bikramganj, Rohtas at Sasaram vide Memo No. 27 dated 11.01.2017 has requested the Superintendent of Police, Rohtas (Sasaram) to take legal action against the Stamp Vendors and Deed Writers so that the government money is recovered from them.
It is under such circumstances that the licences of the petitioners have been cancelled by the District Sub-Registrar, Bikramganj, Rohtas at Sasaram after giving them due notice and after suspending the licences in the intervening period.
Having considered the matter in its entirety, it appears Patna High Court CWJC No.9849 of 2017 (6) dt.28-11-2017 4/4 that the District Sub-Registrar, Bikramganj, Rohtas at Sasaram has exceeded his jurisdiction as nowhere in the Act, he is empowered to issue any cancellation order since he is not the licensing authority. If at all he had found anything amiss or against the petitioners, the matter ought to have been reported to the District Collector to take appropriate action in the matter in accordance with the powers vested in him.
In the result, the impugned orders issued vide Letter No. 140 dated 06.03.2017 as contained in Annexure-4 and Letter No. 246 dated 27.05.2017 as contained in Annexure-6 are quashed.
The licences of the petitioners stand restored. The writ applications are allowed.
No costs.
(Anjana Mishra, J) Saif/-
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